10-1303

10-1303. Dissent by nominees and beneficial
owners

A. A record shareholder may assert dissenters' rights as to fewer than all of the
shares registered in the record shareholder's name only if the record shareholder
dissents with respect to all shares beneficially owned by any one person and notifies the
corporation in writing of the name and address of each person on whose behalf the record
shareholder asserts dissenters' rights. The rights of a partial dissenter under this
subsection are determined as if the shares as to which the record shareholder dissents
and the record shareholder's other shares were registered in the names of different
shareholders.

B. A beneficial shareholder may assert dissenters' rights as to shares held on the
beneficial shareholder's behalf only if both:

1. The beneficial shareholder submits to the corporation the record shareholder's
written consent to the dissent not later than the time the beneficial shareholder asserts
dissenters' rights.

2. The beneficial shareholder does so with respect to all shares of which the
beneficial shareholder is the beneficial shareholder or over which the beneficial
shareholder has power to direct the vote.